D owes the IRS $50,000. On 5/2/18, the IRS served a notice of levy upon Bank demanding
Question:
D owes the IRS $50,000. On 5/2/18, the IRS served a notice of levy upon Bank demanding that Bank turn over to the IRS all property and rights to property of D that are in Bank's possession. On 5/2/18, D had $15,000 on deposit with Bank. On 5/4/18, a creditor of D automatically deposited $10,000 in D's account with Bank. On 5/14/18 and other creditor of D automatically deposited $3,000 in D's account with Bank On 5/23/13, the Bank wrote a check to the IRS to satisfy the levy served upon it with respect to D. What was the amount of that check?
a. On 12/13/18, D sued Bank for damages resulting from Bank withdrawing money from his account to satisfy the IRS levy. D has evidence that he did not actually owe the IRS any money on 5/2/18. Discuss the merits of D's claim against the Bank.
b. What if Bank failed to honor the levy?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts